Alabama Appellate Wins

An Alabama resident filed an asbestos lawsuit in Texas, but the case was subsequently transferred to a court in Alabama. However, the Federal District Court for the Southern District of Alabama held that Texas’ statute of limitations would be observed in the case. If the Alabama appellate court had applied the Alabama statute of limitations instead, the plaintiff’s case would have been thrown out.

Pace v. Armstrong World Industries, Inc., 578 So.2d 281 (Ala. 1991)

This is another case where Alabama’s statute of limitations was superseded thanks to the mesothelioma appeal lawyers with Baron & Budd. We were able to successfully argue in front of the Alabama Supreme Court that the family members of people who passed away due to asbestos-related diseases could still collect damages for wrongful death. If Alabama’s statute of limitations had been observed in these cases, the claims of the victims would have been barred.

Owens-Corning Fiberglas Corp. v. Gant, 662 So.2d 255 (Ala. 1995)

In this case, a group of Alabama construction workers sued Owens Corning after they developed diseases related to asbestos. The jury ruled in their favor. The Alabama Supreme court later affirmed that verdict, finding that the jury had been properly allowed to determine whether or not the construction workers had been exposed to products manufactured by Owens Corning that contained asbestos. The Supreme Court also ruled that it was appropriate to consolidate all of the cases into one trial.